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HomeMy WebLinkAboutCity Council Packet 12.22.2020 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, DECEMBER 22, 2020 6:30 PM ONLINE NEXT RES. NO. R20-83 NEXT ORD. NO. O20-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of November 24, 2020. Correspondence 2. Airport Authority Board Minutes of October 27, 2020. 3. Laurel Chamber of Commerce Agenda for December 10, 2020, and Minutes of November 12, 2020. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 4. Claims entered through 12.4.2020. 5. Claims entered through 12.18.2020. 6. Approval of Payroll Register for PPE 11/29/2020 totaling $226,160.99. 7. Approval of Payroll Register for PPE 12/13/2020 totaling $213,987.08. 8. Approval of Workshop Minutes of July 30, 2019. 9. Approval of Workshop Minutes of August 13, 2019. 10. Approval of Workshop Minutes of August 27, 2019. 11. Approval of Workshop Minutes of September 17, 2019. 12. Approval of Workshop Minutes of October 1, 2019. 13. Approval of Workshop Minutes of October 15, 2019. 1 14. Approval of Workshop Minutes of November 5, 2019. 15. Approval of Workshop Minutes of November 19, 2019. 16. Approval of Workshop Minutes of May 19, 2020. 17. Approval of Workshop Minutes of June 2, 2020. 18. Approval of Workshop Minutes of June 16, 2020. Ceremonial Calendar Reports of Boards and Commissions 19. Laurel Urban Renewal Agency Minutes of November 16, 2020. City/County Planning Board Minutes of October, 21, 2020. Tree Board Minutes of November 19, 2020. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 20. Appointment of Kathy Brown, Samantha Kaufman, Tyrel Mraz, Aidan Cullingworth, and Collen Timmons-Lee to the Laurel Volunteer Ambulance Service. 21. Appointment of Evan Bruce to Yellowstone Historic Preservation Board for a two-year term ending December 31, 2022. 22. Appointment Phyllis Bromgard to Park Board for a four-year term ending December 31, 2024. 23. Appointment of Richard Herr to the Park Board for a four-year term ending December 31, 2024. 24. Appointment of Scot Stokes to the Park Board for a four-year term ending December 31, 2024. 25. Appointment Daniel Klein to the Laurel Urban Renewal Agency for a four-year term ending December 31, 2024. 26. Appointment Dennis Eaton to the Laurel Urban Renewal Agency for a four-year term ending December 31, 2024. 27. Appointment of Dianne Lehm to the Laurel Urban Renewal Agency Advisory Board for a four- year term ending December 31, 2024. 28. Resolution No. R20-83: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding With The United States Marshals Service For Participation In The Fugitive Task Force Program. 29. Resolution No. R20-84: A Resolution Approving A Task Order Between The City Of Laurel And KLJ Engineering For Engineering To Replace The Insulated Water Main That Crosses Highway 212 Over The Yellowstone River. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment 2 The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 3 File Attachments for Item: 1. Approval of Minutes of November 24, 2020. 4 5 6 7 8 File Attachments for Item: 2. Airport Authority Board Minutes of October 27, 2020. 9 MINUTES LAUREL AIRPORT AUTHORITY BOARD MEETING Tuesday, October 27, 2020 A Laurel Airport Authority Board meeting was held in the Airport Pilot’s Lounge and called to order by Chairman Randy Hand at 19:00. BOARD MEMBERS PRESENT: ☐      Randy Hand, Chairman ☐      Brock Williams, Secretary via Teleconference ☐      Shane Linse ☐      Jim Swensgard ☐      Will Metz via Teleconference OTHERS PRESENT: None 1.General Items a.Previous minutes approved by unanimous consent b.No claims were approved. Our accountant was out of town and unable to return in time to provide the claim information. 2.Reports from KLJ a.Written status report received and was reviewed. No items requiring action at this time. i.Final report on Pavement Maintenance project has been completed and will be submitted to the FAA. ii.Updated Capital Improvement Plan was submitted iii.FAA has approved the RW 9-27 threshold relocation to resolve the RPZ issue with existing hangars. 10 3.New Business a.Airport Beacon. Received a couple quotes for replacement beacons. Randy is also working with MDT Aeronautics on options. b.FIB Loan Document request. Kent Potter is looking to take a loan out against his hangar. We are waiting for an actual draft of the documents the bank is looking for. c.Garbage container. Interest in getting a larger, shared garbage container that won’t blow over. Will be available for hangar lessees for airport-related trash. Motion to approve Randy working the details out with Tom Boyce and the city. Motion passed unanimously. d.Air Tanker Base. Will is going to investigate the potential. e.RMC Aircraft. An RMC Pilot was out and indicated they had some interest in moving some aircraft back to Laurel. Will is going to do some research and look at setting up a meeting. f.Meeting schedule. Due to Thanksgiving and Christmas, a motion was made to cancel the November meeting and hold a combined November/December on December 1st. Motion passed unanimously. 4.Old Business a.SRE Building. Door is in transit and may be delivered this week. b.John Deer Tractor. Tractor is running now, will evaluate potential sale. c.Gate. Randy will check on the gate again, but we don’t anticipate it will work well until we can get it replaced. 5.Public Input Citizens may address the board regarding any item of business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the board will not take action on any item not on the agenda. a.none received 11 6.Other Items none 7.Announcements a.none The meeting was adjourned at 19:50. Respectfully submitted, Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 12 File Attachments for Item: 3. Laurel Chamber of Commerce Agenda for December 10, 2020, and Minutes of November 12, 2020. 13 Agenda Laurel Chamber of Commerce December 10, 2020 Chamber Moment of Silence Presentation of minutes: Guest Speaker – Financial Report - Yellowstone Checking - $ 70,176.18 Altana CD $ 8,658.95 Altana Saving $ 748.91 Christmas Repair Fund $ 2,937.59 TOTAL $ 82,251.63 Bills to be presented for payment: - none outside the approved budget OLD BUSINESS  Board Members- Vote for 4 o Beth Hoferer- The Crossings o Patsy Woody- Laurel Ace Hardware o Matt Heinz- IGA o Kit Sherman- Uniquities o Abby Johnson- Statewide Liquor  Executive Board Nominations- Vote o President-  Beth Hoferer o Vice President  Evan Bruce  Becky Watson  Dallas Contreraz o Treasurer  Dallas Contreraz  Becky Watson  Christmas Stroll- Update  Shop Local Raffle- Thoughts on extending the raffle?  Christmas Decorations- Taking down Jan 3rd 7am @ boxcar, Volunteer list to be passed around  Chamber Open House-  Annual Meeting- Postponed until spring  Business of the Year- Announce now or wait until Annual Meeting? NEW BUSINESS –  Out Here We Care-10 businesses or individuals have signed the pledge  School District Public Virtual Meeting- Dec 17th @ 6pm Please join us for a meeting to discuss infrastructure needs and development of the 23-acre parcel the school has purchased (north of the Big Ditch, northwest of the intersection of 8th Avenue and W. 12th Street). The District has recently contracted with KLJ to assist in assessing infrastructure needs and high-level costs for the site to include water/sewer and drainage needs, traffic and access needs, and offsite improvements that may be necessary to include power, gas, and fiber communications. Upcoming Dates- Open Forum Business After Hours – If you would like to host an event, please contact the Chamber. Next Meeting – January 14, 2021 Chamber/Zoom 14 Laurel Chamber of Commerce Board Meeting Minutes The Meeting was held on November 12, 2020, Chamber & Zoom. In attendance were: Executive Board Members: President- Carrie Smith, VP- Beth Hoferer, Treasurer- Patsy Woody, Executive secretary- Cami Nelson. Directors: Becky Watson, Kelci Lohof, Dallas Contreraz, Tricia Johnson, Linda Filpula, Billie Lehman and Evan Bruce. Chamber member: Matt Heinz, Brent Renier, Gabby, and Jayson Nicholson. Carrie called the meeting to order. The minutes were approved. Moved to approve- Beth, Evan 2nd-approved The financial report was approved and bills were presented for payment. Bills to be presented for payment outside of budget: Kelly Partridge- Map design $60- Lion’s Club Christmas sign- $25- Dallas motioned to approve both bills, Jayson 2nd- approved Old Business  Executive Board Nominations- We need nominations to put on the ballot for the December meeting o President o Vice President o Treasurer  Board Members- Nominations o Beth Hoferer- The Crossings o Patsy Woody- Laurel Ace Hardware o Matt Heinz- IGA o Kit Sherman- Uniquities It was suggested to check with Abby at Statewide Liquor and Yellowstone Bank to see if they are interested  Update on COVID Grant- We got both grants Cami applied for o Montana- Business Adaptability Grant- Reimbursed $1,500 o MT Coronavirus Relief Non-Profit Round 2 Grant- $3,74.00  Christmas Stroll- Masks will be required o Shopping- 10am-7pm  Raffle- Nov 28th- Dec 12th, prize will be gift cards to Chamber businesses o Poker Run Ideas-  5-6 Stores for stops – 1-4pm, winner announced at 4:15pm @ High Plains, winner doesn’t need to be present to win  Gift cards from businesses as prize or gift basket? Beth motioned we do 1st place- $150, 2nd place-$100, and 3rd place $50, Jayson 2nd- approved. o Movie- How the Grinch Stole Christmas- Grinch will be there for pictures o Wooden photo props- Set up in front of Chamber o Food trucks-will be set up at the Chamber, by the Front Porch and will ask Statewide Liquor  Christmas Decorations- Hanging up Nov 29th 7am @ boxcar, Volunteer list to be passed around  Business of the Year-Nominations announced, Top 3 to be voted on are Dynamic Designs, The Front Porch and 406 Kids Drop-In Childcare. A Facebook poll will be made for the public to vote New Business  Montana Tourism Grant- working with the City on this, no update  Chamber declutter- No longer used items- Copy machine, vacuum, pedestal, heater, bird feeder, cd player, - Cami will post the items to see if anyone needs them, will recycle the Copy machine if no takers. Upcoming Dates-  Chamber Open House- December 17th – We will still hold the Open House, limit number of people in the Chamber at once.  Annual Meeting- Jan 14th- Cami will check with the Golf Club to see if they are still doing parties and what requirements are, Carrie suggested checking with The Miller’s Horse Palace on doing it there. Beth motioned doing it at the Horse Palace if we can’t at the Golf Club and if they join the Chamber, Billie 2nd - approved Open Forum Business After Hours – Meeting Adjourned Next meeting – December 10, 2020 Chamber/Zoom 15 File Attachments for Item: 8. Approval of Workshop Minutes of July 30, 2019. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 File Attachments for Item: 9. Approval of Workshop Minutes of August 13, 2019. 42 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5 5 6 5 7 5 8 File Attachments for Item: 10. Approval of Workshop Minutes of August 27, 2019. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 File Attachments for Item: 11. Approval of Workshop Minutes of September 17, 2019. 82 8 3 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 File Attachments for Item: 12. Approval of Workshop Minutes of October 1, 2019. 97 9 8 9 9 1 0 0 1 0 1 File Attachments for Item: 16. Approval of Workshop Minutes of May 19, 2020. 102 103 104 105 106 107 108 File Attachments for Item: 17. Approval of Workshop Minutes of June 2, 2020. 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 File Attachments for Item: 18. Approval of Workshop Minutes of June 16, 2020. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 File Attachments for Item: 19. Laurel Urban Renewal Agency Minutes of November 16, 2020. City/County Planning Board Minutes of October, 21, 2020. Tree Board Minutes of November 19, 2020. 162 AGENDA CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, OCTOBER 21, 2020 5:35 PM LAUREL CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The Chair called the meeting to order at: 5:35PM Evan Bruce Roger Giese Dan Koch Jon Klasna Judy Goldsby Nick Altonaga (City of Laurel) Ron Benner (arrived at 5:40PM) General Items 1. Public Hearing: USW Conditional Land Use for 1009 East 6th Street The Chair moved the USW Conditional Land Use Public Hearing to the front of the agenda. The chair opened the public hearing and asked the Planning Director to present the item. The Planning Director presented the items included in the agenda packet and summarized the situation and department findings. The Chair called for proponents. Steve Jansma, 2618 North Ramshorn Laurel, MT 59044 Mr. Jansma acted as a representative for the USW on the project. He provided additional information on the building and the situation. The building dates back to the 1920s. They are looking to reconstruct the building. We had previously gone through the neighborhood in 2013 and got signatures and approvals but were not able to make the time frame for the reconstruction. The design provided in the packet is very close to what they are hoping to finish at that time. Keith Crookston, 3719 West Old Highway 10. Local Union President. I think its been 10-15 years since the city came in and basically condemned the building. The building is not handicapped accessible, no means of egress, and prior to that we used to rent that hall out on a consistent basis for events but after that instruction by the city came out we basically could not do that. 163 It will give the city a nice building where those kinds of things can be held. We did that in the past and we are looking forward to doing it again. It will look nice and be a nice addition to the community. The chair called for proponents. None came forward. The chair called for proponents. None came forward. The chair called for opponents. None came forward. The chair called for opponents. None came forward. The chair called for opponents. None came forward. The Chair closed the Public Hearing. Planning Board members discussed the situation. Ron: On the design, are there any plans for noise abatement for any evening events? Keith Crookston: we normally have allowed for events during the daytime hours, but years ago no one ever had made complaints about the activities. Since 2013 there has been more construction and residences created. Ron: At other union meeting halls they have basically functioned as a private bar, will that be the case here? Keith Crookston: there will be no regular bar function. There is alcohol served at union meetings but not like that. For many years there was not a problem with noise or alcohol with the surrounding neighborhood. Judy: Was here in 2013, the parking was on the north side of the building, how will this work? Keith Crookston: The new building will be built to the north of the existing building, plan to demolish the existing building, and adapt that are into more parking. Dan: To go along with the abatement, would there be any fencing installed? Keith: Will think on that because we have had the same situation for many years without a fence present. Nick provided his suggested conditions for approval. These could include the possibility of abatement installed in the future. The Chair entertained a motion on the conditional land use. 164 Dan motioned to approve the conditional land use with an additional condition that there will be noise abatement through fencing and/or visual guard. Ron seconded. Discussion took place on this motion. Keith Crookston: What is there now has been there for many years, and what we are required to do for more funds. Do not like to be mandated for something which may not be needed. Planning Director mentioned that the condition can be situational, not a mandate. Stated like: “Will work with the city if noise abatement becomes an issue for the surrounding neighborhood.” Motion was amended to suite this situation. Dan Koch motioned to approve the conditional land use with an additional condition that the property owner will work with the city if noise abatement becomes an issue for the surrounding neighborhood. Ron Seconded. Motioned Carried. 2. Public Hearing: Variance for Street Continuity for the Proposed Goldberg Sporting Estates Subdivision The Chair opened the public hearing. The Chair directed the Planning Director to present the item. The Planning Director presented the Variance 1 items that were included in the agenda packet and summarized the situation and department findings and background in the staff report. Initial discussions by members took place on related but unaddressed issues stemming Evan: Would like to see the existing roadway (previously called Ponderosa) to be extended. Ron: What is south of the current Mulberry Avenue? The Planning Director reviewed the YC GIS and found an existing structure present on the lot south of Mulberry Ave. Jon: Question about extending the roadway. Ron: Getting through town is tough enough, and if they want it to be an isolated area, they need to know that there are already traffic and access problems. Traffic flow is a major concern. There is no good controlled access. Thinks it should align with Mulberry. Ron: If this realigns with Mulberry it could prompt new development for E 7th Street. Evan: Have read that the winding roads of a subdivision have impacted emergency response vehicles. Kind of disagree with some points in the staff report. The Chair opened the floor to public comment. 165 The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. Ed Onaszko – 1602 E 8th Street, Adjacent property owner. I know that people are going to want to develop this property. Our main concern is the safety of that size of a development. Dr. Benner brought up the traffic amounts coupled now with Regal trailer court. This could be 300+ vehicles added to the roadway. How will the traffic pattern change along E 8th and the surrounding roadways? I have been there for 40 years and have seen the area change. This planned subdivision will bring in more children. Safety is a concern for all of us. It doesn’t seem like it will impact me or my property other than the traffic. And what is going to happen to East 8th to accommodate that traffic? The Middle School is west down East 8th street. Will sidewalks and road be redeveloped all the way down to the school? With the increase in traffic lately, cars move 40-60 miles an hour. We are concerned about that. The Planning Director responded to the comment. As properties along East 8th Street annex into the city and develop or are redeveloped, they will be required to bring the adjacent roadway and pedestrian areas up to city standards. This includes curbing, gutter, sidewalks. Dan: Eleanor Roosevelt portion is considered a trail in some sources, and no one even knows the specifics. The East 8th street portions need to be figured out and established. We need to establish the routes of East 8th and Eleanor Roosevelt and figure out how to access those lots before we go further with that. Can we hold off on this until the city or developer can figure out the situation? The Planning Director responded to the comment. The developer/owner has previously provided a title report on the segment of roadway that is immediately near the proposed subdivision. This area is where we should focus on for these discussions. Ed Onaszko: It might be advantageous to have a straight shot into the subdivision which would alleviate some of the pressure off of East 8th Street. Board members discussed how this redesign could be a better solution to traffic flow. The Chair asked for opponents. None came forward. The Chair asked for opponents. None came forward. The Planning Director provided a summary of the departments and the board’s decision-making and suggested conditions. Since there is no further public comment, the Chair closed the public hearing 166 The Board had additional thoughts on the variance application. Roger: What I find disturbing is that they have submitted this 3 times, and none of the parties have been here at the hearings to provide additional information. I have questions I want to ask them, but they aren’t here. It shows a bit of disrespect for the board. And this is a big project, its not just a couple of houses. Roger suggested the Board move forward with a motion. Roger Motioned to deny the variance request for Street Continuity with the staff recommendations as discussed. Jon Seconded Motion Carried. Ron added one more point to the discussion: The idea and concept is good, but the street alignment needs to happen, for both Krieghoff and towards the corner near East Main Street. 3. Public Hearing: Variances for Roadway Widths and Right-of-Way Dedication for the Proposed Goldberg Sporting Estates Subdivision The Chair opened the public hearing. The Chair directed the Planning Director to present the item. The Planning Director presented the Variance 2 and Variance 3 items that were included in the agenda packet and summarized the situation and department findings and background in the staff report. The two variances involve right-of-way widths and right-of-way dedication. Planning Board members had minor questions about the situation, with clarifications needed for items presented in the Staff Report. The Chair opened the floor for public comment. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair directed the Planning Director to respond to any responses. 167 With there being no public comment or board questions, the Chair closed the public hearing. Ron motioned to deny the variance applications for right-of-way widths and right-of-way dedication with the recommended staff conditions. Dan Seconded. Roger Seconded Motion Carried. 4. Public Hearing: Growth Management Policy Review and Approval The Chair opened the public hearing on the Growth Policy review and approval. Chair directed the planner to present the item. The Planning Director presented the current draft of the plan. This is much the same as the recent meetings, with slight changes. There are some alternations needed prior to finalization at City Council. These will be worked out between the Planning Director and the city contractors at KLJ Inc. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for proponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. The Chair called for opponents. None came forward. With there being no proponents or opponents present or questions from board members, the Chair closed the public hearing. Ron Motioned to approve the Laurel 2020 Growth Management Policy with amendments to be completed prior to City Council approval. Evan Seconded. Motion Carried. New Business 5. Approve Meeting Minutes: September 16, 2020 Ron Motioned to approve the meeting minutes from September 16, 2020. Evan Seconded. 168 Motion Carried. Old Business Other Items 6. Meeting Scheduling: Officially set for 3rd Wednesday Nick presented the current schedule of meetings. The board will need to officially vote to change it to 3rd Wednesdays of each month. Evan Motioned to have the official meeting date of Planning Board be the 3rd Wednesday of the month. Jon Seconded. Motion Carried. Discussion on Regal debris and trash and fencing that doesn’t allow kids to get soccer balls. Jon asked about the 8th Avenue affordable housing. Nick presented the update that It was just recently approved for funding. Announcements 7. Next Meeting: November 18, 2020 Roger moved to adjourn Jon Klasna The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 169 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, NOVEMBER 16, 2020 11:00 AM ONLINE - JOIN WITH: HTTPS://US02WEB.ZOOM.US/J/84410084351?PWD=OXVSZEFKEFN6AZER N0J2BTBXYXFRUT09 Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The Chair called the meeting to order at 11:12AM. Mardie Spalinger Daniel Klein Janice Lehmen Judy Goldsby Nick Altonaga (City of Laurel) General Items 2. Approve Meeting Minutes: August 17, 2020 Members reviewed the meeting minutes from August 17, 2020. Mardie motioned to approve the minutes from August 17, 2020. Daniel Seconded. Motion Carried. 3. Big Sky EDA Update 4. Beartooth RC&D Update Nick provided a minor update on BSEDA and Beartooth RC&D activities. New Business 5. Small Grant Application - Allen Rice - 105 E Main St Nick presented the grant and members discussed the current grant application and the previous owners and grants that were approved for this location. Mardie motioned to approve a General Small Grant of $2,800 for 105 E. Main Street. Daniel Seconded. Motion Carried. Mardie motioned to approve an Awning Grant of $3,000 for 105 E Main Street. Daniel Seconded 170 Motion Carried Old Business 6. Dragon Palace LURA Application Follow-Up Members discussed the Dragon Palace and the recent work that has taken place. Daniel motioned to amend the previous General Small Grant to the Dragon Palace with an additional $1424.00, for a total of $4,999.00. Mardie Seconded. Motion Carried. 7. Small Grant - Pelican Cafe Technical Assistance Nick presented the Chad Page Technical Assistance application and the necessary housekeeping. Mardie Motioned to approve a grant of Technical Assistance Grant of $4,000 for the Pelican Café Daniel Seconded. Motion Carried. Other Items 8. Budget Review Members Reviewed the TIF District Budget. Has the Street Money been committed yet? What was the bonded amount and the annual bond payments? Discussion of the Red Rooster Café and their most recent. 9. Projects Discussion Nick reported on the West Laurel Interchange and ongoing efforts with BSEDA and Beartooth about funding and possible project ideas. Are we still paying off the Bond on Main Street? Across the Street where they ran water lines? Project was approximately 6 years ago. Nick reported that the Goldberg Sporting Estates subdivision went in front of council for review of variances. There has been some confusion as to scheduling it and it might have to come back to Council. There is a possible subdivision planned for the area between the Elena Subdivision and Cherry Hills Subdivision. The Former Hardees lot and corner lot are open for development. Daniel discussed the proposed plan for that corner lot on East RR and S. 1st Ave. Possibly a strip-type development with general commercial or offices. No firm commitments yet. 171 Dean mentioned that Jimmie Johns is committed to going into the Solberg commercial development. Some of the hospitals previously talked about a clinic or express care in Laurel but this has not been addressed in quite some time. A routine care facility would be a great asset to Laurel. Judy mentioned that she has spoken to people interested in living closer to local services. Daniel – The pandemic might change how healthcare functions, with smaller facilities that are less risky in regards to full-high traffic locations. Patio homes and similar developments would go like crazy. Announcements Meeting Adjourned at 12:01pm Next Meeting: December 21, 2020 The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation mu st notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana . DATES TO REMEMBER 172 173 174 File Attachments for Item: 20. Appointment of Kathy Brown, Samantha Kaufman, Tyrel Mraz, Aidan Cullingworth, and Collen Timmons-Lee to the Laurel Volunteer Ambulance Service. 175 C I T Y O F L A U R E L MONTANA EMERGENCY MEDICAL SERVICES 215 W 1ST ST LAUREL, MONTANA – 59044 OFFICE: (406) 628 – 1611 | DISPATCH: (406) 628 - 8737 Dear Mayor and City Council, We are very excited to announce that we have EMS providers interested in joining our EMS service as volunteers. We have interviewed the following people and would be excited to bring them onto our team. - Kathy Brown, paramedic, she was an AMR medic and FTO for many years and is now full time with the Billings Police Department. She misses patient care, teaching EMS providers and running on an ambulance and feels like this would be a perfect fit for her. I believe she will be a great asset and will be able to help us with training because of her years of experience as well as take excellent care of patients. - Samantha Kaufman, paramedic, RN, Sam has about 20 years of EMS experience, some of this in Montana but most being in Texas, she was the manager of PHI the helicopter service for all of Texas, she has vast EMS experience with AMR as a paramedic, manager and trainer. She is currently the manager at StVs ED but really wants to work on an ambulance again as she misses EMS patient care. Again, I believe this will be a great asset for us as she is an excellent practitioner and an amazing educator. - Tyrel Mraz, paramedic, he was an AMR medic, supervisor and FTO, and he worked in Lame Deer on an ambulance for many years. Tyrel is now going to nursing school and would like to volunteer his time as a paramedic to be able to continue to take care of patients. Again, with his great experience, rural with volunteers as well as urban, he will be an asset to teaching and patient care. - Aidan Cullingworth, EMT, is a fairly new licensed EMT with very minimal experience from a rural fire department but is a very willing to learn and has a great personality and I believe will fit in great with our team and be excited to learn to take care of patients on an ambulance. - Collen Timmons-Lee, EMT, newly licensed EMT and has not had the opportunity to utilize her EMS skills on an ambulance, however she has many years of experience as a Montana Highway Patrol Officer. With this great experience she brings a different kind of skill to our department but one of which translates well from law enforcement to EMS. She recently had a baby and moved to the Laurel area and feels that she can be part of the community by volunteering her services. I believe she will be a great asset to our service and the interview board felt like she would be a good fit for our team. Thank you very much for your consideration on these candidates. Lyndy Gurchiek, NRP, Director Laurel EMS 215 W 1st Street Laurel, MT 591044 lgurchiek@laurel.mt.gov 406-860-8233 176 File Attachments for Item: 21. Appointment of Evan Bruce to Yellowstone Historic Preservation Board for a two-year term ending December 31, 2022. 177 From:Evan Bruce To:Brittney Moorman; City Mayor Subject:Yellowstone Historical Preservation Board Date:Monday, November 9, 2020 12:38:07 PM Dear Mayor, Thomas Nelson My term with the Yellowstone Historical Preservation Board is coming up at the end of December. I am asking you to re-appointment me for the next 2 year term. Evan Bruce evanblaurel@gmail.com 406-598-7883 178 File Attachments for Item: 22. Appointment Phyllis Bromgard to Park Board for a four-year term ending December 31, 2024. 179 180 181 File Attachments for Item: 23. Appointment of Richard Herr to the Park Board for a four-year term ending December 31, 2024. 182 183 File Attachments for Item: 24. Appointment of Scot Stokes to the Park Board for a four-year term ending December 31, 2024. 184 185 File Attachments for Item: 25. Appointment Daniel Klein to the Laurel Urban Renewal Agency for a four-year term ending December 31, 2024. 186 From:dan@danieljklein.com To:Brittney Moorman; City Mayor Subject:Letter Date:Monday, December 7, 2020 10:50:31 AM Good morning, I received the letter from Tom Nelson regarding my service on the LURA board. After having been involved for all of these years I would like to continue to help for sure. Is this email adequate for that? Also I believe it is a 4 year appointment, is that correct? Best regards, Daniel J Klein REALTOR/Owner GRI, CRS, ABR A Haus of Realty, Inc. 406.855.9528 187 File Attachments for Item: 26. Appointment Dennis Eaton to the Laurel Urban Renewal Agency for a four-year term ending December 31, 2024. 188 November 25, 2020 Mayor Nelson Post Office Box 10 Laurel, Montana 59044 Dear Mayor Nelson: I wish to express my interest in filling one of the vacant seats on the LURA Board. I work for Advanced Pump and Equipment whose Laurel offices are in the Canyon Creek office complex within the LURA boundaries. Those offices are also closely located to the office maintained by Dean Rankin, owner of the Canyon Creek office complex and former member of LURA. I have spent many hours listening to comments made by Mr. Rankin regarding LURA, the City of Laurel and desires for improvements to the LURA District. While I do not agree 100% with all the comments or sentiments, I have heard I do say that I still care about improving Laurel, improving Laurel’s business districts and drawing new businesses to the community. I would like to work with the LURA board members, the City Planner and the City Council to improve the TIF district so changes can be made that help businesses as well as residents be proud of this community. Regarding my qualifications, as I stated, I am part of a business that has offices in Laurel, Montana. I have worked with that company for over six years and it is because of me that they have an office in Laurel rather than Billings, Montana. I presently work frequently with engineering companies, other municipal employees and land developers. I have lived in Laurel for over forty years, having severed previously on the City County Planning Board. My position within APE has recently changed, allowing me to set my own work hours and schedule as well as my availability for meetings. I look forward to your response. Sincerely, Dennis Eaton 189 File Attachments for Item: 27. Appointment of Dianne Lehm to the Laurel Urban Renewal Agency Advisory Board for a four-year term ending December 31, 2024. 190 191 File Attachments for Item: 28. Resolution No. R20-83: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding With The United States Marshals Service For Participation In The Fugitive Task Force Program. 192 R20-83 Approve MOU United States Marshals Service: Fugitive Task Force Program RESOLUTION NO. R20-83 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE FOR PARTICIPATION IN THE FUGITIVE TASK FORCE PROGRAM. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding (“MOU”) is hereby recommended by Staff and the Mayor, and a copy is attached hereto and incorporated herein, and hereby approved. Section 2: Adoption. The MOU is adopted and the City’s Mayor and Chief of Police are hereby authorized to execute the MOU on the City’s behalf. Introduced at a regular meeting of the City Council on December 22, 2020, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 22nd day of December 2020. APPROVED by the Mayor this 22 day of December 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 193 Please wait... If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries. 194 File Attachments for Item: 29. Resolution No. R20-84: A Resolution Approving A Task Order Between The City Of Laurel And KLJ Engineering For Engineering To Replace The Insulated Water Main That Crosses Highway 212 Over The Yellowstone River. 195 R20-84 Approve Task Order for KLJ Engineering replace insulated water main over Yellowstone River RESOLUTION NO. R20-84 A RESOLUTION APPROVING A TASK ORDER BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING FOR ENGINEERING TO REPLACE THE INSULATED WATER MAIN THAT CROSSES HIGHWAY 212 OVER THE YELLOWSTONE RIVER. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Task Order between the Parties is attached hereto and incorporated herein as part of this resolution, and is accepted and hereby approved by the City Council. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the attached Task Order on behalf of the City. Section 3: Effective date. The effective date for the Task Order is upon adoption and approval of this resolution. Introduced at a regular meeting of the City Council on December 22, 2020, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this 22nd day of December 2020. APPROVED by the Mayor this 22nd day of December 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 196 Task Order- Yellowstone River Water Main Crossing In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated October 13, 2020 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: __________________________________ B. Owner: City of Laurel C. Engineer: KLJ Engineering LLC D. Specific Project (title): Yellowstone River Water Main Crossing E. Specific Project (description): KLJ will provide engineering for the replacement of the existing 6” insulated water line over the Highway 212 Yellowstone River Bridge. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are set forth in Part 1—Basic Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services – See Exhibit D C. All of the services included above comprise Basic Services for purposes of Engineer’s compensation under this Task Order . 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are set forth as Additional Services in Part 2—Additional Services, of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. 4. Owner's Responsibilities A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: TASK ORDER This is Task Order for KLJ Engineering Project No. 2004 -00542 consisting of 4 pages. 197 5. Task Order Schedule A. In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: • Owner desires to have construction begin in 2019. As such, Engineer’s services will commence upon contract authorization with the intent to complete the Bidding Phase in the spring of 2019. The final schedule is dependent on funding availability and results of Preliminary Design Phase findings. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1 of Exhibit A) a. Design Phase (A1.02, A1.03) $ 10,500 Hourly b. Bidding or Negotiating Phase (A1.04) $ 4,000 Hourly c. Construction Phase (A1.05)* $ 15,000 Hourly TOTAL COMPENSATION (lines 1.a-h) $ 33,000 2. Additional Services (Part 2 of Exhibit A) (N/A) Hourly *Based on a 1 -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A- Engineer’s Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition October 13, 2020 Amendment to Engineer-Owner Agreement, Amendment No. 1 198 11. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. 199 OWNER: ENGINEER: KLJ Engineering LLC By: By: Print Name: Print Name: Title: Title: Firm’s Certificate No. (if required): State of: DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Name: Matt Smith, P.E. Title: Title: Project Manager Address: Address: 2611 Gabel Road Billings, MT 59101 E-Mail Address: E-Mail Address: Phone: Phone: 200 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A , consisting of 12 pages, referred to in and part of the Task Order for KLJ Project No. 2004-00542 dated ___________________________. Engineer's Services for Task Order PART 1—BASIC SERVICES A1.01 Preliminary Design Phase A. As Basic Services, Engineer shall: 1. Consult with Owner to define and clarify Owner’s requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. 2. Visit the Site, to review existing conditions and facilities. Review owner provided designs and “as- built” drawings. 3. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project-related data and information, for Engineer’s use in the study and evaluation of potential solution(s) to Owner’s Specific Project requirements. 4. If requested to do so by Owner, assist Owner in identifying opportunities for enhancing the sustainability of the Specific Project, and pursuant to Owner’s instructions plan for the inclusion of sustainable features in the design. 5. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. 6. Visit the Site as needed to prepare the Preliminary Design Phase documents. 7. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 8. Based on the information contained in the Preliminary Design Phase documents, prepare a opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 9. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents. Bidding documents shall be based on the Montana Public Works Standard Specifications. 10. Pursuant to the Task Order schedule, furnish the required number of review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other 201 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Preliminary Design Phase deliverables to Owner, and review them with Owner. Within the time established in the Task Order schedule, Owner shall submit to Engineer any comments regarding the furnished items. 11. Pursuant to the Task Order schedule, revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables in response to Owner’s comments, as appropriate, and furnish to Owner the required number of copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. A1.02 Final Design Phase A. As Basic Services, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Visit the Site as needed to assist in preparing the final Drawings and Specifications. 3. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities, as appropriate. 4. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 5. Prepare or assemble draft bidding-related documents based on the Montana Public Works Standard Specifications. 6. Pursuant to the Task Order schedule, furnish for review by Owner, its legal counsel, and other advisors, two copies of the final Drawings, Specifications and draft bidding documents and any other Final Design Phase deliverables, and review them with Owner. 7. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents, and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit the required number of final copies of such documents to Owner after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. 202 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. A1.03 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 3. Provide information or assistance needed by Owner in the course of any review of proposals or negotiations with prospective contractors. 4. Consult with Owner as to the qualifications of prospective contractors. 5. Consult with Owner as to the qualifications of Subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents. 6. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors , provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 7. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, and assist Owner in evaluating bids or proposals, assembling final contracts for the Work for execution by Owner and Contractor, and in issuing notices of award of such contracts. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Task Order). A1.04 Construction Phase A. As Basic Services, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in the Agreement. If 203 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the trench compaction services. 3. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site. 4. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmark. Establish a benchmark on each side of the river for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design 204 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. c. Periodic visits to the site will be limited to 20 hours of RPR time. 8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 9. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 10. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 11. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 12. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 13. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owner’s use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 205 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 14. Non-reviewable matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 15. Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 16. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 17. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 18. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 19. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: 206 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 20. Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 21. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 207 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 22. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of Work”) (also available as a construction form, EJCDC® C-626 (2013)) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under the Agreement and this Task Order. 23. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the specific Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the final Construction Contract under the Task Order. A1.05 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. 208 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 A1.06 Other Services: Each specific Task Order may include Basic Services that do not fit into the categories above. Such services should be expressly stated in the specific Task Order itself. PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2. 5. Services required as a result of Owner’s providing incomplete or incorrect Specific Project information to Engineer. 6. Providing renderings or models for Owner’s use, including services in support of building information modeling or civil integrated management. 7. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. based on the engineering and technical aspects of the Project, the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services do not include rendering advice regarding municipal financial products or the issuance of municipal securities; 209 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 c. preparation of appraisals; d. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and f. audits or inventories required in connection with construction performed or furnished by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 10. Providing the following services: a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.C or the specific Task Order. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services. 11. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office as required in Basic Services. 12. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 13. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 14. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 15. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 16. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 17. Preparing Record Drawings, and furnishing such Record Drawings to Owner. 210 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 18. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 19. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 20. Preparation of operation, maintenance, and staffing manuals. 21. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 22. Assistance to Owner in training Owner’s staff to operate and maintain Specific Project equipment and systems. 23. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 24. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. 25. Overtime work requiring higher than regular rates. 26. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.8, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 27. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 28. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 29. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 30. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 211 Exhibit A – Engineering Services- Yellowstone River Water Main Crossing EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 212